Madras High CourtWP(MD)/2194/2024disposed of

Balasubramanian v. The Tahshildar,

2024-02-02Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 02.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2194 of 2024 Balasubramanian

...Petitioner

/Vs./ 1.The Tahsildar, Thirumangalam Taluk, Madurai District.

2The Taluk Surveyor, Taluk Office, Thiruparankundram Taluk, Madurai District.

3.The Inspector of Police, Perungudi Police Station, Madurai District.

4.R.Mookiah

...Respondents

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to survey and demarcate the property measuring to an extent of 2.6 acres comprised in Survey no.80/4A1 of Periya Allakulam Village, Thiruparamkundram Taluk, Madurai District with the help of 3rd respondent by providing police protection within a time frame fixed by this Court. 1/6

For Petitioner : Mr.R.Rajamohan For Respondents : Mr.P.Thambidurai (R1 & R2) Government Advocate Ms.M.Aasha (R3) Government Advocate

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the respondents 1 and 2 to survey and demarcate the property measuring to an extent of 2.6 acres comprised in Survey no.80/4A1 of Periya Allakulam Village, Thiruparamkundram Taluk, Madurai District with the help of 3rd respondent by providing police protection within a time frame fixed by this Court.

2. The case of the petitioner is that the petitioner purchased the subject properties through registered sale deeds. The petitioner has made an application to survey the properties and representations have also been sent to the respondents to survey of the aforementioned properties with the help of the police officials on 19.12.2023 and 22.01.2024. Since no action has been taken by the respondents, this writ petition has been filed. 2/6

3. The learned Government Advocate appearing for the respondents the petitioner's land can be measured only after issuing notice to all the neighbours concerned.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. Since no adverse order is going to be passed against the fourth respondent, notice to him is dispensed with.

5. Considering the facts and circumstances of the case, this Court directs the respondents to conduct survey of the subject properties by considering the petitioner's application dated 16.12.2023 and the representations dated 19.12.2023 and 22.01.2024, with the help of the third respondent police, in the presence of the petitioner, the fourth respondent and any other necessary party, whom the respondents deem fit to put on notice within a period of four [4] weeks from the date of receipt of a copy of this order. The fourth respondent is also directed to cooperate with the officials for conducting survey of the aforementioned properties. 3/6

6. With the above direction, this writ petition is disposed of. No costs. 02.02.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 4/6

TO:- 1.The Tahsildar, Thirumangalam Taluk, Madurai District.

2The Taluk Surveyor, Taluk Office, Thiruparankundram Taluk, Madurai District.

3.The Inspector of Police, Perungudi Police Station, Madurai District.

5/6

V.BHAVANI SUBBAROYAN, J.

sm Order made in W.P(MD)No.2194 of 2024 Dated:

02.02.2024 6/6